East Hills City Zoning Code
ARTICLE IX
Business B Districts
§ 271-81 Applicability.
The provisions of this article shall apply to Business B Districts.
§ 271-82 Permitted uses.
[Amended 11-24-2004 by L.L. No. 11-2004]
A Business B District is intended primarily for commercial and service business activity. No land, building or premises shall be used and no building or part thereof shall be erected, constructed, enlarged, altered, arranged or designed to be used in whole or in part, unless otherwise provided for in the article, except for one or more of the following purposes or uses:
A.
Store or shop for the conduct of retail trades of the following, provided that any service, manufacture or processing of goods on the premises is incidental to a retail business conducted on the premises:
(1)
Bank.
(2)
Barbershops.
(3)
Beauty parlors.
(4)
Clothing store.
(5)
Computer store.
(6)
Decorator.
(7)
Dressmaker.
(8)
Electronic store.
(9)
Electrician.
(10)
Florist.
(11)
Hardware store.
(12)
Household furnishings.
(13)
Internet sales, communications or consulting.
(14)
Jewelry shop.
(15)
Millinery.
(16)
Music shop/record store.
(17)
Package liquor store.
(18)
Pharmacy.
(19)
Photography studio, provided that no chemicals are used and no developing occurs on premises.
(20)
Professional office for accountant, architect, chiropractor, dentist.
(21)
Engineer, medical doctor, optician, optometrist, lawyer, real estate, securities or financial brokerage or investment firm, professional consultant of any type, insurance, title company, management or similar professional office use.
(22)
Real estate office.
(23)
Shoemaker.
(24)
Sporting goods store.
(25)
Stationery store.
(26)
Telephone and cellular telephone retail store.
(27)
Tailor.
(28)
Travel agency.
(29)
All businesses of a similar and no more objectionable nature to the above specifically enumerated uses which are deemed permissible by the Village Board of Trustees.
B.
All accessory uses which are customary, incidental and subordinate to the principal use of the premises may be allowed, providing that the accessory use shall not involve the sale or distribution of food, whether frozen or not frozen, the storage of hazardous, toxic or noxious chemicals, and the processing of chemicals on the premises.
§ 271-83 Prohibited uses.
[Amended 11-24-2004 by L.L. No. 11-2004]
The following, and businesses of a similar or more objectionable nature, are prohibited:
A.
Multiple-dwelling units, including boardinghouses, motels, hotels and apartments.
C.
Storage and warehouse facilities, except where incidental to a retail business conducted on the premises.
D.
Drive-in-type eating establishments, bowling alleys, pizza parlors, children's party facilities, billiard parlors, theaters, skating rinks, dance halls or other places of public amusement.
E.
Junkyards, salvage yards and like uses.
F.
Pet and animal shops and hospitals and other establishments for the care, breeding and boarding of animals.
G.
Any trade, business or purpose which is or may reasonably be expected to be noxious or offensive by reason of causing or emitting odor, smoke or vapor gas, glare, dust, garbage, debris, noise or vibration which is dangerous or harmful to the comfort, peace, health or safety of the community or that involves any explosion, menace or any fire hazard.
H.
Restaurants and catering halls of any kind, tea rooms, cafés, and similar establishments where tables and chairs are provided for serving and consuming food and beverages or take-out food and beverages are sold.
I.
Bagel store.
J.
Any store or establishment that serves, sells, manufactures, distributes, services, processes or makes available food or frozen food of any kind and of any nature.
§ 271-84 Restrictions on outdoor activities.
No sales or services, including displays, storage, repair, dismantling or assembling work, is to be performed out of doors, except upon a public garage or automobile service station lawfully operating under the provisions of this chapter.
§ 271-85 Height restrictions.
[Amended 5-15-2000 by L.L. No. 1-2000]
No building shall exceed 18 feet in height when measured from the established curb level in front of the building.
§ 271-86 Required setbacks.
A.
Front yard depth. Every building shall set back at least 34 feet from the front lot line on which it stands; said front yard shall be used for ingress and egress and parking.
B.
Side yard depth. Every building shall have a side yard setback of at least five feet where said side yard fronts on a public highway or street.
C.
Rear yard depth. Every building shall have a rear yard setback of at least 10 feet.
§ 271-87 Required fences.
A minimum six-foot approved fence shall be installed along the entire lot line of a lot used for business when said lot line is abutting residential property. All fences shall be so erected that the finished surface shall be faced outward.
§ 271-88 Required lot area; lot coverage,
§ 271-89 Off-street parking.
All parking spaces provided pursuant to this section shall be paved in accordance with the specifications of the Village, shall be suitably drained, shall be maintained in good condition, and shall have adequate means of ingress and egress. The following delineated parking spaces (size 10 feet by 20 feet) shall be provided and maintained on private premises for each building or premises in a Business B District:
A.
All one-story buildings must provide a minimum of 50% of the total plot area for landscaping, parking, ingress and egress to said parking area and screening thereof.
B.
Business or professional buildings higher than one story must provide a minimum of one delineated parking space (size 10 feet by 20 feet) for every 300 square feet of building floor area, including that portion of the cellar or basement area designated to be used for office or retail operations.
C.
No application shall be made for a building permit or certificate of occupancy for the construction, alteration or use of any building, structure or premises for restaurant purposes, as defined herein, unless parking spaces shall be provided and maintained upon the same lot and within the same building zone, as follows:
(1)
At least one parking space of a size of 10 feet by 20 feet shall be provided for motor vehicles for each three seats used to serve patrons of said restaurant or one parking space for each 100 square feet of gross floor area used to serve patrons of said restaurant, whichever is greater.
(2)
All areas available for off-street parking and access driveways shall be constructed in accordance with the specifications determined by the Village Engineer of the Village of East Hills and the Building Department of the Village of East Hills.
(3)
Only one access road to said parking area shall be permitted where the property fronts on a state or county highway. Such access road shall provide separate means of ingress and egress, with a traffic separator at the entrance. Each separate means of ingress and egress shall be at least 16 feet in width. All access driveways shall be marked with arrows indicating the proper flow of traffic, and all off-street parking facilities shall have individual parking spaces appropriately marked.
(4)
Parking areas shall require such screening as the Village of East Hills Building Department may deem necessary in order to prevent visual impairment to the neighboring property owners or annoyance to the occupants thereof. All parking areas shall be illuminated at night during business hours, but no later than 1:00 a.m. Each illumination and lighting plan shall be subject to prior design approval of the Building Department and shall be so placed, constructed and shielded so that no direct light from any light or fixture used to illuminate said parking areas shall be directed or shine upon any neighboring property.
D.
Shopping centers. Effective July 1, 1988, all shopping centers or facilities containing five or more retail stores and providing 20 or more accessory parking spaces shall provide a minimum of 5% of said parking spaces or 10 spaces, whichever is less, for off-street parking spaces for the handicapped. The parking spaces designated pursuant to the provisions of this subsection shall be clearly identified for use by either handicapped drivers or other handicapped persons, which designation shall include permanently installed above-grade signs which display the international symbol of access and may include the use of blue painted lines or markings. The parking spaces shall be located as close as reasonably practicable to the shopping center facility and shall be reasonably distributed to provide convenient access and use by the handicapped.
[Added 5-2-1988 by L.L. No. 1-1988]
§ 271-90 Permitted accessory uses and structures.
No accessory buildings or structures will be permitted except for display signs and fences as provided for elsewhere in this article. Accessory uses will be permitted, provided that such uses are housed within the main building or buildings on the plot.
§ 271-91 Advertising signs.
No advertising sign or billboard of any character shall be permitted to be used, except that, upon buildings one sign per establishment may be permitted not larger than 25 square feet in area, constructed parallel to and not more than 12 inches from the building wall to which it is attached. No flashing or moving signs will be permitted. No such permitted signs shall project above the first story, and they shall be limited to displaying the name and the nature of the business for which such building is used. Illuminated signs shall be of a channel-lighting type. No illuminated sign shall, however, be erected without first submitting a sketch for approval prior to the issuance of a permit by the Building Inspector. All exterior illuminated signs must be extinguished daily at the closing time of the establishment or at 11:00 p.m., whichever is later, and must remain extinguished until 8:00 a.m. No illuminated sign shall be placed within the interior of any premises so that the same shall be nearer than five feet to any show window or exterior window. No such illuminated sign shall in any event be of a neon or flashing type. No sign of any type, whether temporary or permanent, shall be affixed to the interior or exterior of any show window or exterior window so as to cover more than 25% of the outside exposed surface of any such window. Signs which are permitted to be erected, installed or maintained shall be of rigid material and so affixed to the premises so as to prevent the same from moving, waving, flapping or turning.
§ 271-92 Business signs.
Two real estate signs shall be permitted upon vacant property, which shall directly relate to the property where so affixed or erected, each of said signs to be separate and distinct and not to exceed eight square feet for such sign. Such signs shall not be attached to any tree or fence but shall be attached to a standard sunk in the ground. Said sign shall not exceed 10 feet when measured from the ground elevation to the top of the sign. No sign shall, however, be erected without first submitting a sketch and obtaining a permit from the Building Inspector. A fee of $5 for each sign shall accompany the sketch.
§ 271-93 Submission of site plan required.
Site plan approval by the Planning Board of the Village of East Hills shall be required for the erection or enlargement of all buildings and structures and for all uses of vacant land. In all cases where any amendment of any such plan is proposed, the applicant must also secure approval of the amendment by the Planning Board. No building permit may be issued for any building within the purview of this article unless and until an approved site plan or amendment of any such plan has been secured from the Planning Board by the applicant and presented to the Building Inspector. The site plan shall be prepared in such detail as to show the following:
A.
Setbacks and location of the proposed structure.
B.
General building plans, including basement and cellar areas.
C.
Designated parking spaces.
D.
Adjoining streets, access roads and walkways.
E.
Method of ingress and egress.
F.
Proposed landscaping, fencing and exterior lighting.
G.
Proposed grading of the plot to include the disposal of surface water drainage.
H.
Specifications of pavement, including the subbase and curbing.
§ 271-94 Storage and removal of garbage, refuse and rubbish.
Suitable storage space and containers shall be provided for the storage of garbage, refuse and rubbish, subject to the approval of the Building Inspector. All garbage, refuse and rubbish must be removed from the premises, and such removal shall be under private contract by the owner and/or occupant at the owner's and/or occupant's sole cost and expense. There shall be no incineration on the premises.
§ 271-95 Revocation of certificate of occupancy.
The Board of Trustees may direct the Building Inspector to revoke the certificate of occupancy or use permit of any business upon proof satisfactory to it that the conditions of operation or maintenance of premises are such as to constitute a public nuisance by reason of injury to the adjacent property or to the general neighborhood.
§ 271-96 Nonconforming uses.
Any nonconforming use existing at the effective date of this chapter may be continued. Any existing building presently devoted to a nonconforming use may be reconstructed and structurally altered subject to the approval of the Board of Appeals.